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Former military president General Ibrahim Badamasi Babangida (rtd) has said that President Goodluck Jonathan can only contest the forthcoming presidential elections on the condition that the ruling Peoples Democratic Party (PDP’s) constitution is changed.

The former military ruler, who spoke exclusively to Sunday Trust in his Hilltop residence, Minna explained that even though the Constitution of the Federal republic of Nigeria allows Jonathan to contest, the ruling party’s constitution has already zoned the presidency to the North.

General Babangida declared that though the Nigerian constitution allows Jonathan to contest “it will be preposterous to say that he shouldn’t. But the party he belongs to has set a rule which govern its conduct. And that party said this is the way we wanted it. And if people say he must, then they have the problem to resolve with the party.”

Contrary to claims that it was a gentleman’s agreement, the military president said that it was the party’s provision. He said that any attempt to drag Jonathan into the contest can only be done with the amendment of the PDP’s constitution..

Section 7(2)(c) of the PDP constitution states that “In pursuance of the principle of equity, justice and fairness, the party shall adhere to the policy of rotation and zoning of Party and public elective offices and it shall be enforced by the appropriate executive committee at all levels.”

Babangida said that the zoning principle was brought about by the PDP not only to capture power but also to also to allay the dominant fears of marginalisation. “It was done in such a way that every Nigerian: majority, minority, Muslim, Christians and even non-believers came together and agreed that if we win elections we would share offices. You remember the Tony Anenih letter? That letter said it all. You will find out that the distribution of power was based on the zones.”

He said that it would be awkward to argue that the late Abubakar Rimi contested against Obasanjo, “I read those who argued that Rimi contested against Obasanjo, Gemade contested against Obasanjo and Okorocha contested against Yar’adua. I think that is the most idiotic reasoning I have ever known in life. This is because the party made a decision that the president is coming from the South-West. Whether they contested or didn’t contest, the candidate that was recognised by the party was the one that would pick the ticket,” Babangida said.

The problem with vague and ambigous laws is that they usually don't mean much and their interpretation is based on who you ask.

The reason Jonathan Goodluck will not get PDP nomination will not be because of some ridiculous section 7 of PDP constitution but because the man Jonathan is no leader. He is an uninspiring, reclusive character and has not really demonstrated that he has any clue about what his job involves and the nation has no belief in his abilities.

Section 7of PDP constitution on zoning does not mean anything. It has not been implemented before because the law as a written law in PDP constitution only came into existence while Yar'adua was President and Ogbulafor was PDP Chairman. Hence in essence section 7 has not faced any General Election Cycle. I don't even know if PDP has had a convention yet to ratify that law yet (will need to confirm the status of that) and if that is the case its legitimacy even within the PDP may still be in question.

If However it has been ratified as a PDP law, AGF Mohamed Adoke can take PDP to court for having a law tramples on the fundamental rights of Nigerians and runs contrary to the Nigerian constitution and hence void. The Nigerian constitution allow all Nigerian Nationals over the age of 40 and resident in Nigerian the right to contest for the office of President. That right can not be zoned by the PDP to certain section of the country at certain times. And we all know that if any law is inconsistent with Nigerian constitution, according to section 1 of the Nigerian constitution, the provisions of the Nigerian constitution takes Supremacy.

Secondly, section 7 of the PDP constitution on zoning is vague. It does not have time frames nor dates showing that the PDP candidate for 2011 can not come from the South. All it talks about is "Rotation and Zoning". Well power has already rotated from OBJ (SW) to Yar'adua(NW) to now Jonathan (SS); and Jonathan has also appointed Namadi Sambo and that fulfills the spirit of zoning. So section 7 of PDP is being respected and does not preclude Jonathan from running even under PDP laws. But like I said in my previous point, if it does preclude Jonathan from running because of where he comes from then that will be an illegitimate law.

Thirdly, IBB suggesting that Rimi Vs OBJ or Gemade vs OBJ or Okorocha vs Yar'adua is an idiotic refernce; is simply being ridiculous by making that point. What does IBB mean when he says no matter the contestants only the party recognised candidate will win ( paraphrasing). Is he confirming that PDP has simply been zoning rigging and results in the last 3 PDP primaries? such that the Presidential primaries we have had in the past are all confirmed charades. If that is what he wants to say then he should say that clearer, but to bully the C-in-C of a country out of a Presidential race based of some weak and illegitimate law will simply not work.

I personally think IBB has capacity to pick the PDP ticket over Jonathan. He should contest and make his case to the Party delegates and win the PDP Presidential Primaries fairly if he can. But to think that he can in his usual self use some weak law to outsmart Jonathan and the rest of the country is simply not so the kind of IBB anyone wants to see in 2010 (a leopard never looses it spots).

Finally I severally asked for zoning to be written into the Nigerian Constitution as a law to be respected by all parties if we believe there is no other way to do politics. Unfortunately electoral reform through NASS has come and gone and nobody did that, they prefered to maintain a status quo that only thrive on who can con or outsmart the other region. I say if Zoning is not written in the Nigerian constitution let everybody forget. Let all who want to contest, contest.

Now that IBB is begining to play the legal card. Jonathan should immediately secretly sponsor legal action against the PDP asking the courts to interprete whether the Party has the right to implement such a law that excludes some Nigerians at certain times from taking part in the democratic process.